CPL 215 & 216 Flashcards
215.10 Referral of selected felonies to dispute resolution
An adjournment in contemplation of dismissal for purposes of referring selected felonies to dispute resolution shall NOT be ordered where the defendant is charged with any of the following felonies:
- Class ____felony
- ___________ felony (PL 70.02)
- ___________ offense (Pl 220)
- felony upon which defendant must be sentenced as:
- second ____________ offender (PL 70.06)
- second ___________ offender (PL 70.04)
- ______________ violent felony offender (PL 70.08)
- ______________ felony offender (PL 70.10)
A ……. violent …….. drug ……… felony ……….. persistent ……….. persistent
215.10 Referral of selected felonies to dispute resolution
The. ACOD (Adjournment in contemplation of dismissal) may be ordered:
- upon or after ____________ and before final disposition in local criminal court upon a _________________
- upon or after _____________ and before final disposition in superior court upon an ________________________
Arraignment ……. felony complaint……arraignment ………. indictment or superior court information
215.10 Referral of selected felonies to dispute resolution
For Judge to order an ACD, there must be:
- consent of the ___________
- consent of the _____________
- reasonable notice to ___________ and an opportunity to be heard
People………. defendant……. victim
215.20 - Victim; definition
Victim means any person alleged to have sustained physical or financial __________ to person or property as a direct result of the crime or crimes charged in a felony complaint, superior court information, or indictment.
injury
215.30 - Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action
Upon issuing ACD, court must:
- _________ defendant on his own recognizance
- refer action to __________
Release……… dispute resolution
215.30 - Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action
Dispute resolution center must advise the DA whether the charges against the defendant have been resolved no later than __________ after referral by the judge.
Thereafter, if the defendant has agreed to pay a fine, restitution or reparation, the dispute resolution center must advise the DA every _____________ of the status of such fine, restitution or reparation.
45 days ……… 30 days
215.30 - Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action
Upon application of the people made not later than __________ after the issuance of the ACD, the court may restore the case to the calendar in the furtherance of justice.
Notwithstanding the foregoing, IF defendant does not pay fine, restitution or reparation, the court, upon application of the people made not later than _____________ after issuance of ACD, may restore the case to the calendar.
6 months……… one year
215.40 - Dismissal of action; effect thereof; records
The accusatory instrument shall be deemed to have been dismissed if the action is not restored to the calendar, and:
- __________ have elapsed, or
- _____________ has elapsed (where a fine, restitution, or reparation was ordered and not paid).
six months ……….. one year
215.40 - Dismissal of action; effect thereof; records
Upon dismissal of action:
- the arrest and prosecution shall be deemed __________ , and
- defendant shall be restored to ______________ and prosecution status.
a nullity…….. pre-arrest
215.40 - Dismissal of action; effect thereof; records
Upon dismissal of action, all records relating to the action shall be ___________ pursuant to CPL 160.50.
sealed
216.00 Definitions.
(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:
a Class B, C, D, or E felony for ________ offenses, including criminal diversion of marihuana (PL 179), Controlled Substances Offenses (PL 220), and Cannabis offenses (PL 222)
drug
216.00 Definitions.
(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:
an offense of __________ in the fourth or fifth degrees provided that the underlying crime for the conspiracy charge is a class B, C, D or E felony offense defined in Penal law: Criminal diversion of marihuana (PL 179), Controlled Substances Offenses (PL 220), and Cannabis offenses (PL 222)
Conspiracy
216.00 Definitions.
(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:
- ________________ or___________ in the second or first degree, or
auto stripping……… identity theft
216.00 Definitions.
(NEW) “Eligible defendant” means any person who stands charged in an indictment or SCI with:
any other specified offense as defined in subdivision five of section 410.91 of this chapter:
- Burglary in the third degree (Penal Law § 140.20)
- Criminal mischief in the third degree (Penal Law § 145.05)
- Criminal mischief in the second degree (Penal Law § 145.10)
- Grand larceny in the fourth degree (Penal Law § 155.30)
- Grand larceny in the third degree (Penal Law § 155.35, except where the property consists of one or more firearms, rifles, or shotguns)
- Unauthorized use of a vehicle in the second degree (Penal Law § 165.06)
- Criminal possession of stolen property in the fourth degree (Penal Law § 165.45)
- Criminal possession of stolen property in the third degree (Penal Law § 165.50, except where the property consists of one or more firearms, rifles, or shotguns)
- Forgery in the second degree (Penal Law § 170.10)
- Criminal possession of a forged instrument in the second degree (Penal Law § 170.25)
- Unlawfully using slugs in the first degree (Penal Law § 170.60)
- Criminal diversion of medical marihuana in the first degree (Penal Law § 179.10)
- An attempt to commit any of the aforementioned offenses, if such attempt constitutes a felony offense or
- A class B felony offense defined in Article 220 (Controlled Substances Offenses) of the Penal Law, where a sentence is imposed pursuant to paragraph (a) of subdivision two of Section 70.70 (Sentence of imprisonment for felony drug offender other than a class A felony)of the Penal Law
- Any class C, class D, or class E controlled substance or marihuana felony offense as defined in Article 220 (Controlled Substances Offenses) or 221 (Repealed marihuana offenses) of the Penal Law
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216.00 Definitions.
A defendant is not eligible however, if within the preceding _________ they were previously convicted of violent felony offense or a Class A Drug felony or previously adjudicated a second or persistent violent felony offender
TEN(10)YEARS